Changes in working conditions of the Labor Code of the Russian Federation. Conditions and procedure for changing the terms of an employment contract

general characteristics labor law
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- Changing the employment contract
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- Expiration of the employment contract
- Termination of the employment contract own will
- Termination of the employment contract in connection with the employee's refusal to continue working when the owner of the organization's property changes, the organization's jurisdiction (subordination) changes or its reorganization
- Termination of the employment contract in connection with the refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties in the changed conditions of the employment contract
- Termination of the employment contract in connection with the refusal of the employee to transfer to another job, necessary for him in accordance with the medical report
- Termination of the employment contract in connection with the refusal of the employee to transfer to work in another area together with the employer
- Grounds for dismissal on grounds related to the fault of the employee
- Dismissal on grounds not related to the fault of the employee
- Termination of an employment contract due to circumstances beyond the control of the parties
- Termination of an employment contract for other reasons
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Peculiarities of labor regulation of workers under the age of 18
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Features of the regulation of labor of persons working in the regions of the Far North and equivalent areas
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Changing the employment contract

Changing an employment contract is one of the stages in the development of labor relations, mainly associated with a change in the basic conditions of an employment contract. Changes to the main terms of the contract can occur by:

employee initiative;
the initiative of the employer;
for reasons beyond the control of either the employee or the employer (for example, for reasons related to a change in the ownership of the organization’s property, a change in the organization’s jurisdiction, its reorganization, a change in organizational or technological working conditions, article 75 of the Labor Code of the Russian Federation).

Changing the terms of the contract at the initiative of the employee. An employee who considers that it is necessary to amend the employment contract has the right to apply to the employer with a statement containing the motives for amending the employment contract, the nature of the changes and the expected timing of their introduction. Having considered such an application of the employee, the employer either agrees to amend the employment contract, or refuses the employee. It should be borne in mind that the employer has the right to agree with the employee's proposal, but this may not happen, in which case the terms of the employment contract remain the same. If there is a bilateral agreement to change the terms of the contract, the parties sign an additional agreement to the employment contract, which fixes the agreements reached.

Changing the terms of the employment contract at the initiative of the employer. It is at the initiative of the employer that such changes most often occur. At his will, one or more conditions of the employment contract, both mandatory and additional, can be changed. These are the conditions for:

place of work of the employee;
entrusted to the employee labor function or a specific type of work assigned to the employee;
employee remuneration (salary, additional payments, allowances, as well as incentive payments, payment terms);
working time and rest time of the employee;
in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of the work);
additional monetary compensation upon dismissal by agreement of the parties and others.

In such cases, the employer is obliged to send the employee a reasoned proposal to change the conditions previously agreed in the employment contract. If the employee refuses, the terms of the employment contract general rule cannot be changed. The exception is a change in the terms of an employment contract unilaterally at the initiative of the employer due to changes in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation).

The reasons that allow the employer to make an appropriate decision to change the terms of the employment contract may be changes in equipment and production technology, structural reorganization, improvement of jobs based on their certification. Organizational changes may include:

changes in the management structure of the organization;
introduction of forms of labor organization (brigade, rental, contract, etc.);
change in work and rest regimes;
introduction, replacement and revision of labor standards;
changes in organizational structure enterprises with a redistribution of the load on departments or on specific positions and, as a result, a change in wage systems.

in number technological change working conditions may include:

introduction of new production technologies;
introduction of new machines, units, mechanisms;
improvement of workplaces;
development of new types of products;
introduction of new or modification of technical regulations.

The employer is obliged to notify the employee in writing of the entry into force of the relevant changes no later than two months before the expected date of their introduction, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws. In particular, the employer individual is obliged to send an appropriate warning to the employee at least two weeks (14 days) in advance (Article 396 of the Labor Code of the Russian Federation); an employer - a religious organization - at least seven calendar days in advance (Article 344 of the Labor Code of the Russian Federation).

If the employee for some reason does not agree to continue working in the new conditions, the employer is obliged to offer him (also in writing and against signature) another available job (vacant position) corresponding to the state of health of the employee, which he can perform taking into account qualifications, and in the absence of such - any lower or lower paid position. If the employee refuses to continue working in the new conditions and disagrees with the transfer to a vacant position (or in the absence of vacancies), the employment contract with him is terminated under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (refusal of the employee to continue work due to a change in the terms of the employment contract determined by the parties).

Translations. Transfer to another job is a permanent or temporary change of some terms of the employment contract. Such conditions may be

labor function of the employee;
the structural unit in which the employee works;
locality (for cases when the employer changes its location).

In these cases, it is possible to transfer an employee to another job only with his written consent.

Temporary transfer to another job. Temporary transfers to another job can be carried out by:

agreement of the parties;
the initiative of the employer;
on the initiative or with the consent of the employee.

By agreement of the parties, a temporary transfer is allowed to any position, including a vacant (vacant) position, available to a given employer. The transfer period in this case is limited by the legislator and is one year. If at the end of the transfer period former job is not provided to the employee, but he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent.

The second option of temporary transfer by agreement of the parties is used to replace a temporarily absent employee who retains his job. This happens in cases where another employee is on vacation, the employee is temporarily unable to work, the employee is performing state or public duties, etc. Here, the transfer period may exceed one year, for example, in a situation of replacing an employee who is on parental leave.

At the initiative of the employer (without the consent of the employee), a temporary transfer can be made in the following cases:

in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it;
in cases of downtime (temporary suspension of work due to economic, technological, technical or organizational reasons);
to replace a temporarily absent employee if this is due to the extraordinary circumstances indicated above. At the same time, transfer to work requiring lower qualifications is allowed only with the written consent of the employee.

In all these cases, the employee may be transferred to another job for up to one month.

FROM employee's consent. An employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated to the employee for health reasons.

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have the corresponding job, the employer is obliged to remove the employee from work for the entire period specified in the medical report while maintaining the place of work ( positions). During the period of suspension from work, wages are not accrued to the employee as a general rule.

Permanent transfer to another job possible only by agreement between the employee and the employer. In this case, any of the parties can take the initiative. So, when a vacancy appears in the organization, the employee can apply to the employer with a request to transfer him to this position. If the employer does not object, the transfer can be made, which from a procedural point of view will mean a change in the terms of the employment contract. Also, the initiative may come from the employer.

In the theory of labor law, the question of whether it is possible to consider the transfer of an employee to a permanent job to another employer as a type of transfer can be considered for a long time (clause 5, part 1, article 77 of the Labor Code of the Russian Federation). Today, this discussion can be considered over, because the Labor Code of the Russian Federation unambiguously considers such situations as the termination of an employment contract, the relationship between a given employer and an employee, and the emergence of new relations between an employee and another employer. In this case, we are not talking about transfers, because the transfer, as indicated, is a change in the existing individual labor contract.

Movements. Transfer must be distinguished from translation. Relocation can also be conditionally called a transfer, however, such a “transfer” does not entail a change in the conditions fixed by the parties in the employment contract. The meaning of the transfer is that the employer provides the employee with another workplace 1 The workplace for an employee is the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (part 6 of article 209 of the Labor Code of the Russian Federation)., or transfers to another structural unit (provided that the structural unit is not indicated in the employment contract), located in the same area, or entrusts work on another mechanism or unit. The main thing is that there is no change in the conditions that the parties previously indicated in the employment contract, and we are talking about any conditions of the contract, and not just mandatory ones.

It is important to note that the movement of an employee does not require his consent (part 3 of article 72.1 of the Labor Code of the Russian Federation). It is enough for the employer to issue the corresponding order and familiarize the employee with it against signature. Failure to comply with the order of the employer should be regarded as a disciplinary offense, which may be the basis for applying a disciplinary sanction to the employee.

Changing working conditions at the initiative of the employer is allowed only with the consent of the parties, that is, if the employee has officially agreed that his working conditions are changing. In difficult economic conditions, amendments to the employment contract are becoming more common. An employer can reduce wages, transfer an employee to a reduced work week or even to a different workplace, or even reduce it. The deterioration of the situation in the country should not be the basis for the conditions of work of a particular worker without the existing consent.

How can working conditions change?

Working conditions are usually understood as a combination of such factors:

social and economic - everything that is associated with wages, social position and employee service;
organizational and technical - are directly related to the work process;
domestic and economic - opportunities for food, recreation, sanitary and living conditions;
climatic - features of the area (location, geology, weather and nature, etc.) where the employee carries out his activities.

All these conditions are prescribed in the personal and collective labor contracts. If employees have signed the relevant documents, it is considered that they agree with the conditions listed therein. However, the conditions under which the enterprise operates may change. The employer may initiate a change in working conditions (any of the factors listed above), but he must do this in strict accordance with Art. 74 of the Labor Code.

There is no single list of working conditions, but most often changes are made to:

work regime;
the organizational structure of the enterprise, which means that the load on employees is redistributed;
terms of remuneration;
technological conditions - changing technology, improving the workplace, etc.

Employees are most often concerned about changes in wages, however, it is not necessary to agree without prior consideration, for example, to the introduction of new equipment or a change in the workplace. An assessment of working conditions at the workplace is important - Law No. 426-FZ regulates this assessment, the results of which determine guarantees and payments to the employee, as well as insurance contributions to funds. Evaluation of working conditions, or as they used to say - certification of workplaces according to working conditions - in 2016 is mandatory not only for organizations, but also for individual entrepreneurs, if it has not been carried out since 2014. The frequency of assessment of existing working conditions is at least once every five years. The results of the assessment may become a legitimate reason for making adjustments to the existing contract.

Making changes to the contract

All working conditions are listed in the contract. When circumstances change - at the initiative of the management or the employee - appropriate amendments are made to the personal employment contract. The consent of the employee to change the working conditions is obtained in writing. The employer is obliged to notify a person about the changes two months in advance, and if the employee works for an individual entrepreneur - two weeks in advance, in a religious organization - seven days in advance. The notice must be properly executed, it is handed to the employee against signature. The employer is obliged to explain to the employee the reasons why his working conditions change. This could be, for example, a change technological process at the enterprise. A decrease in the profits of an enterprise, a deterioration in market conditions and other similar factors cannot be and will not be considered by the court as objective conditions for changing working conditions.

If the employee does not agree to changes in conditions, he may be offered work in other positions or in other structural divisions of the enterprise, and the employer has the right to offer work with a lower salary.

In the absence of consent to transfer to another place of work, the contract with the employee is terminated, paid severance pay.

Can a dismissal be challenged?

An employee can apply to the court to have his dismissal due to lack of consent to a change in working conditions declared illegal. The court recognizes it as such, but only if the employer does not prove that the change in conditions was caused by a change in the technological process at the enterprise, reorganization of the enterprise, an assessment of working conditions in the workplace. Other factors - for example, the economic situation - cannot be a reason for including circumstances that worsen the position of the employee in the contract and, accordingly, for dismissal.

The grounds for going to court may also be a violation of the procedure for making changes to working conditions - the lack of a properly executed notification of the employee, the failure to provide an opportunity to transfer to vacant positions etc.

You can apply not only to the court, but also to Labor Inspectorate– in the same place, the employee will be consulted about the possibility of restoring pre-existing working conditions.

Changing the terms of an employment contract is an opportunity established by law to change an employment contract during the period of its validity. We will tell you how to properly formalize a change in the terms of an employment contract determined by the parties.

Is it possible to change the terms of the employment contract

A change in the essential terms of an employment contract (Labor Code of the Russian Federation, Art. 72) is carried out when an additional agreement is concluded between the employer and the employee, which becomes an integral part of the working agreement. Both the employer and the employee have the right to initiate them.

Changes in the terms of the employment contract determined by the parties are allowed when they do not infringe on the rights and do not reduce the level of guarantees to employees, in comparison with those established by labor legislation.

Changes in the essential terms of the employment contract occur:

by the will of the employee;
at the request of the employer;
for reasons beyond the will of the parties.

Chapter 12 of the Labor Code of the Russian Federation defines a list of circumstances under which an existing employment contract can be edited:

transfer to another unit with the consent of the employee;
change of the contract due to changed working conditions;
the new owner of the enterprise;
removal of a person from the performance of duties of office.

Changing the terms of the employment contract at the initiative of the employee

The way in which you need to contact the employer is to send an application to his address, which sets out the reasons for making changes to the employment agreement, their nature, and the possible timing of their introduction. The document is drawn up in writing and registered.

After reviewing the application, the manager can:

agree to changes in the contract;
refuse an employee.

The tenant expresses the decision in writing (by a resolution on the application or by a response letter).

The manager has the right to support the employee's proposal for changes, but is not obliged to do so. In case of refusal, the person continues to work on the same conditions.

When You Can't Refuse Changes

In some cases, the employer does not have the right to refuse an employee. For example, it is the responsibility of the employer to introduce part-time work if there is an application from:

women during pregnancy;
one of the parents of a child under 14;
a person who cares for a sick family member on a medical report.

Additional agreement

If the employer agrees with the change option proposed by the employee, the parties must draw up and sign an additional agreement to the employment contract in two copies. This paper fixes the existing agreements. It should reflect the data of the parties, the number and place of registration, clearly state the provisions that have been changed, indicate the date from which the agreement will begin.

Changing the terms of the employment contract at the initiative of the employer

This happens, as a rule, in relation to one or more clauses of the agreement contained in Art. 57 of the Labor Code of the Russian Federation concerning:

places of work;
labor functionality;
salaries;
mode of work and rest;
the nature of labor (travelling, etc.);
reimbursement of expenses associated with the use of your car for work purposes;
compensation to managers upon termination of their employment contract.

Notification

If the employer needs to change the terms of the contract, he sends a proposal to the employee at least two months in advance explaining the reasons for the need to adjust the previously reached agreements.

The employer must issue an order for changes introduced at the end of the notification period, indicating their reasons. The document must indicate the deadline for the employee to make a final decision. Employees should be familiarized with the administrative document in writing.

It is unacceptable to put pressure on an employee, therefore, in case of his refusal, the requirements remain the same.

The employer has the right (Article 72.2 of the Labor Code of the Russian Federation) to change the conditions unilaterally when:

any natural disaster;
industrial accidents, accidents;
fires, floods, ice, etc.

It is permissible to change the provisions of the contract in the manner of a unilateral decision made by the employer, when the organizational or technical conditions of work change (Article 74 of the Labor Code of the Russian Federation).

Acceptance or rejection of new requirements

Various algorithms of actions are provided in the presence of consent or refusal of innovations.

The employee agrees to the change

Having received consent to continue working in other conditions, the employer and employee conclude a written additional agreement to the contract. The document defines the amended provisions. Based on it, the personnel department develops a draft order that changes the terms of the contract.

The employee refused to change the contract, but agrees with the transfer

In case of refusal to work in the new conditions and there is consent to the transfer, the parties draw up an additional agreement providing for the transfer to another position (from the list proposed by the employer).

The employer generates an administrative document on the transfer in accordance with Art. 72.1 of the Labor Code of the Russian Federation and enters information into the T-2 personal card (Resolution of the State Statistics Committee No. 1 of 01/05/2004).

The employee refused both to change the terms of the contract and to transfer

In such a situation or in the absence of vacancies in the institution, at the end of the notice period, the employment agreement is terminated on the grounds provided for in paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

For the correct procedure, you must:

receive an employee's refusal (in writing) to work in new conditions;
register it;
offer another job
get rejected;
draw up and register a notice of termination of the employment agreement;
issue and register a dismissal order;
familiarize the employee with it in writing;
draw up and issue work book;
make the due payments.

Job offer

If the employee refuses to work in other conditions, the employer must offer in writing the vacancies available in the area in accordance with the qualifications. In the absence of such, the employer offers another lower position or a job that pays less, while the employee is able to perform it, taking into account the state of health.

Complying with the requirements of Art. 74 of the Labor Code of the Russian Federation, you should offer the employee a list of vacancies with the name, description of duties, working conditions (salary, mode). Jobs must be offered throughout the notice period. When offering such positions, the manager does not have the right to check the business and other qualities of the employee, since the work must initially correspond to the qualifications of the person. The employer is obliged to offer positions from another locality when it is provided for by the collective agreement, labor agreement.

Job Center Notification

In connection with innovations in the institution related to innovations in labor technologies, there may be a threat of mass layoffs. In this case, the employer has the right to introduce a part-time mode of work (Article 74 of the Labor Code of the Russian Federation). If there is a trade union, such actions must be coordinated with it. The criterion for the mass dismissal is established by an industry agreement, and in its absence, Decree of the Council of Ministers of the Russian Federation of 02/05/1993 No. 99 helps to decide. The maximum period for which a regime can be established is 6 months.

The employer is obliged to send information to the employment service about the introduction of such a regime no later than 3 working days upon decision. If the reduction affects only one employee, the employer reports this to the employment authorities 2 months in advance. If the dismissal is massive, the service should be informed 3 months in advance.

Rosstat Order No. 485 dated August 6, 2018 approved a new P-4 form, the application of which will begin in the first quarter of 2019.

Additional agreement or order to dismiss

If the employee does not agree to work in the new conditions, the employer must issue an order in the unified form T-8. The basis for the document will be the employee's refusal to continue working in the new conditions.

The administrative document is drawn up with reference to paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation indicating the full name, the last day of work and signed by the head. With the order to terminate the employment agreement, the employee gets acquainted with the signature. If it is not possible to bring the contents of the paper to the attention of the employee or he refuses to sign the order, an appropriate entry must be made in it.

Why is it necessary to follow the procedure

The employer should strictly follow the procedures established upon dismissal, as various fines are provided for their violation. So, if the procedure for changing working conditions is not observed, it can be brought to administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of:

1000-5000 rubles - for an official and individual entrepreneur;
30,000-50,000 - for a legal entity.

Repeated detection of a violation will result in a fine in the amount of:

10,000-20,000 rubles - for an official (or disqualification from one to three years);
10,000-20,000 - for individual entrepreneurs;
50,000-70,000 - for a legal entity.

The absence of the necessary information in the employment authorities or violation of the deadlines for their provision is also punishable by fines (Article 19.7 of the Code of Administrative Offenses of the Russian Federation):

for officials- 300-500 rubles;
for legal entities - 3000-5000 rubles.

Violations in the provision of statistical data may be a reason for prosecution under Art. 13.19 of the Code of Administrative Offenses of the Russian Federation in the amount of:

10,000-20,000 rubles - for officials (repeated case - 30,000-50,000 rubles);
20,000-70,000 - for legal entities (repeated case - 100,000-150,000 rubles).

Ask questions, and we will supplement the article with answers and explanations!

August 20, 2013

accounting news

When changing the terms of an employment contract, employers should comply with the rules provided for by the Labor Code.

Marina Czech

Senior specialist of the HR administration group Intercomp

An employment contract is one of the main grounds for the emergence of labor relations between an employer and an employee. At the same time, the principle of freedom of an employment contract underlies not only its voluntary conclusion, but also further labor relations. Indeed, after the conclusion of an employment contract, various circumstances may arise that require a revision of the terms of the employment contract (changes thereof) or even termination of its validity.

Changing an employment contract is a revision of a number of its conditions while maintaining the employment contract itself in force. The rules and procedure for changing the employment contract are reflected in Chapter 12 of the Labor Code Russian Federation.

Essential and additional terms of the employment contract

Particular attention should be paid to the essential terms of the employment contract, the inclusion of which in the content of the employment contract is mandatory.

The place of work, that is, the name of the structural unit (workshop, department, laboratory), must be clearly indicated in the employment contract. In cases where structural units are located in different territories, and even more so in different settlements, it is necessary to indicate in the employment contract not only the legal, but also the actual address of their location.

A labor function is work in a certain position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee. The agreement on the labor function reached at the conclusion of the employment contract predetermines the set of rights and obligations of the employee, since the legislation associates with it the duration of working hours, holidays, wages, various benefits and benefits. The labor duties of an employee are specified in relation to the specifics of production in the Unified Tariff and Qualification Directory of Works and Professions of Workers (ETKS), which establishes requirements for the knowledge and skills of workers of various specialties, qualifications (categories). In cases where the employer enters into staffing positions not included in qualification guides, the employment contract must contain a description of the work function of the employee and the name of the position.

The date of commencement of work, and in the case of a fixed-term employment contract, also the period of its validity and the circumstances (reasons) that served as the basis for its conclusion. As a general rule, the employee is obliged to proceed with the implementation job duties from the day determined by the employment contract, however, the parties may also agree on some delay in this moment, for example, in connection with the need to transport the employee's family and property to a new place of residence.

The employment contract specifies the conditions for remuneration of the employee, including the amount tariff rate or salary, the specific amount and type of additional payments and allowances due to the employee, for example, for high qualifications, long work experience in the specialty; deviations from normal working conditions, as well as the grounds and conditions for incentive payments, bonuses. In the conditions of remuneration, it is necessary to indicate the period for paying wages, that is, specific dates. If the indicated dates are specified in the collective agreement, then the same dates must be indicated in the employment agreement, unless the parties agreed and fixed otherwise when concluding a specific employment agreement.

The regime of work and rest is clearly indicated in the individual labor contract, if in relation to this employee it differs from the general regime established by the internal labor regulations; for example: part-time or part-time work week, work only in one shift with a multi-shift operation of the organization, providing an additional break during the working day, providing additional leave other than what is required by law.

Description of the characteristics of working conditions is of particular importance when working in difficult, harmful and (or) dangerous conditions. These conditions must be clearly reflected in the employment contract for a particular category of employees, indicating the compensation and benefits due to the employee, if such are provided directly by agreement between the parties to the contract.

Types and conditions social insurance, directly related to labor activity, must be indicated if the employer provides additional (medical, pension) insurance for the employee and, in connection with this, makes contributions to non-state insurance funds.

A change in an employment contract as a whole always means a change in its conditions, and not only those listed by us, which are among the essential ones (part 2 of article 57 of the Labor Code of the Russian Federation), but also other, additional conditions contained in the employment contract or annexes to it.

The parties to the employment relationship may amend the employment contract during the entire period of its validity. As a general rule, changes to the terms of an employment contract are made by concluding an additional agreement between the employee and the employer, which is later an integral part of the employment contract (Article 72 of the Labor Code of the Russian Federation). The initiator of changing the terms of the employment contract can be both the employee and the employer. The main thing is that the conditions included in the contract and the changes made do not contradict the current labor law, since by virtue of Art. 9 of the Labor Code of the Russian Federation, if conditions that contradict the Labor Code of the Russian Federation are included in a collective agreement, agreement or employment contract, then they are not subject to application.

So any of the parties to the employment contract, seeing the need to change any terms of the employment contract, sends the other party a reasoned proposal to change the conditions previously agreed in the employment contract. Subject to the consent of the latter party, they sign an additional agreement to the employment contract, in which the agreements reached are recorded. If necessary, the employer issues an appropriate order, makes entries in the work book and the employee's personal card (for example, when transferring to another structural unit). In case of refusal, the terms of the employment contract remain the same. An exception is the change in the terms of the employment contract unilaterally at the initiative of the employer due to changes in organizational or technological working conditions.

Features of the coordination and registration of changes in essential conditions at the initiative of the employer

First of all, it is worth noting that when carrying out measures to change the organizational or technological working conditions, if they may entail a change in the terms of the employment contract determined by the parties, the employer should follow the rules provided for in Art. 74 of the Labor Code of the Russian Federation.

An approximate list of reasons that allow the employer to make an appropriate decision to change the terms of the employment contract is given in part 1 of Art. 74 of the Labor Code of the Russian Federation and paragraph 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", namely: changes in equipment and production technology, structural reorganization, improvement of jobs based on their certification. This list is open and evaluative.

Organizational changes may include:

changes in the management structure of the organization;
introduction of forms of labor organization (brigade, rental, contract, etc.);
change in work and rest regimes;
introduction, replacement and revision of labor standards;
changes in the organizational structure of the enterprise with the redistribution of the load on departments or on specific
positions and, as a result, changes in wage systems.

Technological changes in working conditions may include:

introduction of new production technologies;
introduction of new machines, units, mechanisms;
improvement of workplaces;
development of new types of products;
introduction of new or modification of technical regulations.

There may be other reasons for changing the terms of an employment contract, but, apparently, they should be, firstly, similar to those named and, secondly, just as significant. It should be borne in mind that the decline in sales and deterioration financial position organizations are not considered by the courts as reasons allowing the employer, in accordance with Article 74 of the Labor Code of the Russian Federation, to change the terms of the employment contract. It is important to note that specific organizational and technological changes must be documented.

In this case, the employer is always the initiator of changing the terms of the employment contract with the employee. It must be emphasized that changes to the employment contract initiated by the employer cannot affect the conditions that determine the labor function of the employee.

So, if it becomes necessary to change the employment contract with the employee due to organizational or technological changes in conditions, the employer issues an order (instruction) on the changes introduced after the notice period has expired.

The employer is obliged to notify the employee of the forthcoming change, as well as the reasons for the need for such changes, in advance, no later than two months before their introduction. To this end, the employer acquaints employees with this order against signature or sends a separate written notice, which should contain information not only about the nature of the changes, but also about their reasons. It should be borne in mind that the legislator indicates only the minimum period for a warning (two months), there is no maximum period. However, it is intended that the notice period should not be too long. Such behavior of the employer in the event of a dispute may be regarded by the inspection authorities or the court as an abuse of the right.

In order to avoid labor disputes, it is recommended to send employees a specially prepared notice containing the reasons for the changes being made, the rights and obligations of the employee during the notice period, the timing of the decision by the employee and the consequences of his consent or refusal to continue working in the new conditions.

In the notice, it is advisable to establish a period during which the employee needs to decide on his decision to work in the new conditions.

See Sample Worker Notice

In case of refusal of the employee to certify with his signature in the notice the familiarization of the upcoming changes, the employer must draw up an appropriate act.

Upon receipt from the employee of the consent to continue working in the new conditions, a written agreement (additional agreement to the employment contract) is concluded between the employee and the employer, which establishes new (modified) conditions of the employment contract.

See the sample supplementary agreement to the employment contract.

Based on it personnel service prepares an order (instruction) to change the terms of the employment contract determined by the parties. If the employee for some reason does not agree to continue working in the new conditions, the employer is obliged to immediately offer him (also in writing and against signature) another vacant position available to the organization in the given area, corresponding to the employee’s qualifications and state of health; he must also offer work that is not prohibited for women, minors in the event that the working conditions of such workers change.

See the sample proposal for transfer to vacant positions in connection with the refusal to continue work in the new conditions.

In the absence of appropriate work in the organization, the employer must also offer vacant lower-paid or lower-ranking positions that the employee can perform, taking into account his qualifications and state of health. In order to comply with this requirement, Art. 74 of the Labor Code of the Russian Federation, it is necessary to offer the employee a list of vacant positions, containing, in addition to the names of the positions, a description of the labor function for each of them and the terms of remuneration. At the same time, the employer must offer vacancies within the entire two-month notice period.

If the employee refuses to continue working under the new conditions, but agrees to the transfer, in accordance with the agreement reached, the parties sign an additional agreement to the employment contract on the transfer of the employee to a position from the list of vacancies offered by the employer and the employer draws up the transfer by order (instruction) in accordance with Article 72.1 TK RF. Relevant information is also entered in the personal card and work book of the employee.

In the absence of vacancies, as well as in the event that the employee refuses the work offered to him, the employment contract with him on this basis is terminated in accordance with paragraph 7 of Article 77 of the Labor Code of the Russian Federation.

When employees are dismissed on this basis, in addition to the final calculation and compensation for unused vacation, they are paid a severance pay in the amount of two weeks of average earnings (part 3 of article 178 of the Labor Code of the Russian Federation).

Documents concerning the peculiarities of changing certain conditions of the employment contract

Documents concerning the peculiarities of changing certain conditions of the employment contract
Terms of the employment contract	Part 4 Art. 58 of the Labor Code of the Russian Federation, art. 59 of the Labor Code of the Russian Federation (in particular, part 2), art. 79 of the Labor Code of the Russian Federation, art. 261 of the Labor Code of the Russian Federation
The condition that determines the employee's remuneration (salary, additional payments, allowances, as well as incentive payments)	Art. 21 of the Labor Code of the Russian Federation, art. 22 of the Labor Code of the Russian Federation, Art. 129 of the Labor Code of the Russian Federation, Art. 132 of the Labor Code of the Russian Federation
Condition on compensation for hard work and work with harmful and (or) dangerous working conditions	Decree of the Government of the Russian Federation dated November 20, 2008 No. 870, art. 92 of the Labor Code of the Russian Federation, art. 163 of the Labor Code of the Russian Federation, art. 223 of the Labor Code of the Russian Federation, part 5 of Art. 209 of the Labor Code of the Russian Federation
Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work)	Art. 57 of the Labor Code of the Russian Federation, art. 166 of the Labor Code of the Russian Federation, art. 167 of the Labor Code of the Russian Federation, art. 168.1 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of October 13, 2008 No. 749 "On the peculiarities of sending employees on business trips"
Transfer to work in another area with the employer	paragraph 2 of Art. 54 of the Civil Code of the Russian Federation, paragraph 3 of Art. 55 of the Civil Code of the Russian Federation, Art. 72.1 of the Labor Code of the Russian Federation, part 2 of Art. 57 of the Labor Code of the Russian Federation, art. 169 of the Labor Code of the Russian Federation, Decree of the Council of Ministers of the USSR of July 15, 1981 No. 677 "On guarantees and compensations when moving to work in another locality", Decree of the Government of the Russian Federation of April 2, 2003 No. 187 "On the amount of reimbursement by organizations financed from the federal budget, expenses employees in connection with their relocation to work in another locality", Art. 178 of the Labor Code of the Russian Federation, clause 9, part 1, art. 77 Labor Code of the Russian Federation
Transfer to another job	Art. 72.1 of the Labor Code of the Russian Federation, part 2 of Art. 225 of the Labor Code of the Russian Federation
moving	Part 6 Art. 209 of the Labor Code of the Russian Federation, part 3 of Art. 72.1 of the Labor Code of the Russian Federation, part 4 of Art. 72.1 of the Labor Code of the Russian Federation
Transfer to another employer	Part 2 Art. 72.1 of the Labor Code of the Russian Federation, clause 5, part 1, art. 77 of the Labor Code of the Russian Federation, art. 64 Labor Code of the Russian Federation
Temporary transfer to another job	Part 1 Art. 72.2 of the Labor Code of the Russian Federation, clause 4 of the Rules for maintaining and storing work books, art. 66 of the Labor Code of the Russian Federation, part 2 of Art. 72.2 of the Labor Code of the Russian Federation, part 3 of Art. 72.2 of the Labor Code of the Russian Federation, part 4 of Art. 72.2 of the Labor Code of the Russian Federation
Transfer of an employee to another job in accordance with a medical report	Art. 254 of the Labor Code of the Russian Federation, part 1 of Art. 73 of the Labor Code of the Russian Federation, part 2 of Art. 73 of the Labor Code of the Russian Federation, part 1 of Art. 72.1 of the Labor Code of the Russian Federation, art. 182 of the Labor Code of the Russian Federation, clause 8, part 1, art. 77 Labor Code of the Russian Federation
Changing the terms of the employment contract when changing the owner of the property of the organization, changing the jurisdiction of the organization, its reorganization	parts 1-6 art. 75 of the Labor Code of the Russian Federation, paragraph 1 of Art. 564 of the Civil Code of the Russian Federation, Art. 181 of the Labor Code of the Russian Federation, clause 1, part 1, art. 81 of the Labor Code of the Russian Federation, clause 4, part 1, art. 81 of the Labor Code of the Russian Federation, clause 6, part 1, art. 77 of the Labor Code of the Russian Federation, paragraph 2 of Art. 48 of the Civil Code of the Russian Federation, art. Art. 132, 559 - 566 of the Civil Code of the Russian Federation, clause 3.2 Instructions for filling out work books
A condition for additional monetary compensation upon dismissal of an employee (for example, by agreement of the parties)	Art. 178 of the Labor Code of the Russian Federation, part 3 of Art. 57 of the Labor Code of the Russian Federation
Determining the amount of compensation upon termination of the employment contract with the head of the organization	Art. Art. 77 and 81 of the Labor Code of the Russian Federation, Art. 278 of the Labor Code of the Russian Federation, art. 279 of the Labor Code of the Russian Federation, Art. Art. 192, 193 of the Labor Code of the Russian Federation, Art. 280 of the Labor Code of the Russian Federation
Combination	Part 2 Art. 60.2 of the Labor Code of the Russian Federation, art. 151 of the Labor Code of the Russian Federation, Art. 60.2 of the Labor Code of the Russian Federation

General rules for changing the terms of an employment contract

Changing the terms of an employment contract at the initiative of the employer due to changes in organizational or technological working conditions

Features of changes in certain conditions of the employment contract

3.16.1 General rules for changing the terms of an employment contract.

The parties to the employment relationship may amend the employment contract during the entire period of its validity. Chapter 12 of the Labor Code of the Russian Federation contains the legal grounds for making changes to it.

As a general rule, changes to the terms of an employment contract are made by concluding an additional agreement between the employee and the employer, which is later an integral part of the employment contract (Article 72 of the Labor Code of the Russian Federation). The initiator of changing the terms of the employment contract can be both the employee and the employer.

The main thing is that the conditions included in the contract and the changes made do not contradict the current labor legislation, since by virtue of Art. 9 of the Labor Code of the Russian Federation, if conditions that contradict the Labor Code of the Russian Federation are included in a collective agreement, agreement or employment contract, then they are not subject to application.

In addition to the conditions that are mandatory for inclusion in the employment contract on the basis of Art. 57 of the Labor Code of the Russian Federation may be subject to change and additional terms if they are contained in the employment contract or its annexes. Modern labor legislation is aimed at ensuring contractual (conciliatory) relations between the employee and the employer. By agreement of the parties, a number of issues are regulated in labor law:

Inclusion of the rights and obligations of an employee and an employer in an employment contract from a collective agreement (Article 57 of the Labor Code of the Russian Federation);

Establishment of urgent labor relations with certain categories of workers (Article 59 of the Labor Code of the Russian Federation);

Inclusion in the text of an employment contract of a condition on testing an employee in order to verify his compliance with the assigned work (Article 70 of the Labor Code of the Russian Federation);

Changing the terms of the employment contract determined by the parties, including transfer to another job (Article 72 of the Labor Code of the Russian Federation);

Temporary transfer of an employee to another job with the same employer for up to one year (Article 72.2 of the Labor Code of the Russian Federation);

Termination of the employment contract (Article 78 of the Labor Code of the Russian Federation);

Termination of the employment contract before the expiration of the notice of dismissal (Article 80 of the Labor Code of the Russian Federation);

Establishing part-time work for an employee both when hiring and subsequently (Article 93 of the Labor Code of the Russian Federation);

Beginning, end or total duration of a working day (shift) in flexible working hours (Article 102 of the Labor Code of the Russian Federation);

The time and duration of a break for rest and meals for an employee (Article 108 of the Labor Code of the Russian Federation);

Provision of annual paid leave to an employee for the first year of work before the expiration of 6 months (Article 122 of the Labor Code of the Russian Federation);

Division of the employee's annual paid leave into parts (Article 125 of the Labor Code of the Russian Federation);

Determination of the duration of leave without pay when granted to an employee (Article 128 of the Labor Code of the Russian Federation);

The amount of remuneration for managers, their deputies and chief accountants of organizations that are not organizations financed from the federal budget (Article 145 of the Labor Code of the Russian Federation);

The amount of additional payment when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee (Article 151 of the Labor Code of the Russian Federation);

The amount of reimbursement for expenses when an employee moves to another locality (Article 169 of the Labor Code of the Russian Federation);

Reducing working hours for employees who combine work with education before starting a graduation project (work) or passing state exams (Articles 173, 174 of the Labor Code of the Russian Federation);

Providing guarantees and compensations to employees who combine work with education while receiving education of the same level in the direction of the employer (Article 177 of the Labor Code of the Russian Federation);

Joining additional study holidays with annual paid holidays (Article 177 of the Labor Code of the Russian Federation);

An employee's return to work on the day of donating blood and its components (Article 186 of the Labor Code of the Russian Federation);

The amount of reimbursement of expenses to the employee when using the employee's personal property (Article 188 of the Labor Code of the Russian Federation);

Changing the content of the student agreement (Article 201 of the Labor Code of the Russian Federation);

Complete exemption of employees undergoing training in the organization from work or performance of work on a part-time basis (Article 203 of the Labor Code of the Russian Federation);

Investigation of accidents that occurred to an employee when using personal transport for official purposes (Article 227 of the Labor Code of the Russian Federation);

The amount of compensation for moral harm caused to an employee by unlawful actions or inaction of the employer (Article 237 of the Labor Code of the Russian Federation);

Determining the degree of guilt of each member of the team (team) in case of bearing collective (team) responsibility for causing damage to the employer (Article 245 of the Labor Code of the Russian Federation);

Establishment of an installment payment when recovering from an employee damage caused to the employer (Article 248 of the Labor Code of the Russian Federation);

Exemption of the employee from reimbursement to the employer of the costs of training the employee in case of non-working of the time established by the contract (Article 249 of the Labor Code of the Russian Federation);

The validity period of the employment contract with the head of the organization (Article 275 of the Labor Code of the Russian Federation);

The validity period of the employment contract between the employee and the employer - an individual who is not an individual entrepreneur (Article 304 of the Labor Code of the Russian Federation);

Mode of operation, the procedure for granting days off and annual paid holidays when labor relations between an employee and an employer - an individual (Article 305 of the Labor Code of the Russian Federation);

Extension of a fixed-term employment contract with teacher elected again by competition (Article 332 of the Labor Code of the Russian Federation);

Conclusion of a fixed-term employment contract with trainers (Article 348.2 of the Labor Code of the Russian Federation);

The term for extending the employment contract of an athlete temporarily transferred to work for another employer (Article 348.4 of the Labor Code of the Russian Federation).

1. Changing the terms of the employment contract at the initiative of the employee

An employee who considers that it is necessary to amend the employment contract has the right to apply to the employer with a statement containing the motives for amending the employment contract, the nature of the changes and the expected timing of their introduction. To avoid disputes, it is recommended to make a written application and register it with the office, human resources department or other unit that registers incoming documentation.

Having considered the application of the employee, the employer either agrees to amend the employment contract, or refuses the employee. The employer can express his opinion in writing (in a resolution on the employee's application or in a separate letter). It should be noted that the employer has the right to agree with the employee's proposal, but is not obliged, and pressure on the employer by the employee in this matter is unacceptable. If the employer disagrees with the employee's proposal, the terms of the employment contract remain the same.

If the employer agreed with the employee's proposal, the parties sign an additional agreement to the employment contract, which fixes the agreements reached. If necessary, the employer issues an appropriate order, makes entries in the work book and the employee's personal card (for example, when transferring to another structural unit).

2. Changing the terms of the employment contract at the initiative of the employer

Practice shows that most often, at the initiative of the employer, one or more of the mandatory conditions of the employment contract, provided for in Art. 57 of the Labor Code of the Russian Federation, as well as other additional conditions included in the contract in accordance with the requirements of the Labor Code of the Russian Federation, namely:

1) a condition that determines the place of work of the employee (including an indication of a separate structural unit and its location);

2) a condition that determines the labor function assigned to the employee (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications) or the specific type of work assigned to the employee;

3) a condition that determines the employee's remuneration (the amount of salary, additional payments, allowances, as well as incentive payments, payment terms);

4) a condition that determines the regime of working time and rest time of the employee (including in cases where these regimes in relation to the employee differ from the general rules applicable to the given employer);

5) conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

6) a condition that allows you to determine whether work under this employment contract is the main place of work or part-time work (Article 282 of the Labor Code of the Russian Federation);

7) a condition on the amount of reimbursement of expenses when using the personal property of employees (Article 188 of the Labor Code of the Russian Federation);

8) a condition on the amount of compensation in the event of termination of the employment contract with the head of the organization (Article 279 of the Labor Code of the Russian Federation);

9) conditions on the types and conditions of additional insurance for the employee;

10) a condition for additional monetary compensation upon dismissal by agreement of the parties, and others.

The employer, who sees the need to change the terms of the employment contract with the employee (change of subordination, structural unit, position, mode of operation, transfer to another permanent job with another employer, moving to another area together with the employer, etc.), sends the employee a reasoned proposal to change earlier conditions stipulated in the employment contract. It is advisable to make such an offer to the employee in writing, indicating the period during which the employee must make a decision on this issue. Pressure exerted on an employee by an employer is unacceptable. If the employee refuses, the terms of the employment contract remain the same. The exception is a change in the terms of an employment contract unilaterally at the initiative of the employer due to changes in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation).